Acceptance & Organizational Authority
These Terms and Conditions (“Terms”) constitute a legally binding agreement entered into by and between Rekonstruct, Inc. (“Rekonstruct,” “we,” “us,” or “our”), a Delaware corporation with its principal place of business in San Francisco, California, and the individual or legal entity (“Customer,” “you,” or “your”) accessing or utilizing the Rekonstruct website (rekonstruct.ai), trial environments, application programming interfaces, and cloud-hosted artificial intelligence proposal automation software (collectively, the “Services”).
Corporate Authority Representation: If you are entering into these Terms on behalf of an enterprise, corporation, partnership, joint venture, Engineering, Procurement, and Construction (EPC) firm, or other legal entity, you represent and warrant that you possess full legal power and corporate authority to bind that entity to these Terms. If you lack such authority or if you do not agree to each provision herein, you must immediately cease all access to and use of the Services.
Order of Precedence: Where Customer has entered into a fully executed Master Services Agreement (“MSA”), Order Form, or enterprise SaaS subscription contract directly with Rekonstruct, the express terms of that executed agreement shall supersede and govern over any conflicting provision in these website terms.
Services & Evaluation Access
Rekonstruct provisions an enterprise artificial intelligence platform engineered to assist infrastructure contractors and EPC/EPCM firms in decomposing complex Requests for Proposals (RFPs), analyzing technical project requirements, drafting bid narratives, compiling compliance matrices, and accelerating tender submissions across sectors including Power Transmission, Power Generation & Storage, Transportation Infrastructure, Metals & Resources, and Water Infrastructure.
Evaluation, Beta, and Demonstration Environments: To the extent Rekonstruct grants you access to evaluation tiers, prototype sandboxes, or pilot demonstrations without commercial consideration, such access is provided on a temporary, non-exclusive, revocable, and as-is basis solely for internal feasibility assessment. Rekonstruct reserves the absolute right to suspend or terminate evaluation environments at any time without liability.
Engineering Verification & Non-Reliance
Rekonstruct is a software automation and drafting aid. Rekonstruct is not a licensed professional engineering firm, architectural practice, surveying entity, environmental advisory, or legal consultancy.
Customer explicitly acknowledges that infrastructure procurement involves catastrophic life-safety risks, geotechnical variances, high-voltage electrical tolerances, structural loads, environmental compliance, and tens of millions of dollars in financial commitments. Consequently:
- Drafting Assistance Only: All proposal text, compliance cross-references, schedules of values, equipment assumptions, and bill-of-quantities interpretations generated by the Services (“Generated Output”) are preliminary drafting suggestions.
- Mandatory Human and Professional Engineering Sign-Off: Customer agrees that every bid, tender submittal, commercial quote, and engineering specification generated or refined using the Services must be independently vetted, recalculated, verified, and stamped by Customer’s qualified, licensed Professional Engineers (PE / P.Eng), certified estimators, and bid directors prior to external release.
- Zero Liability for Tender Outcomes: Rekonstruct assumes zero responsibility, liability, or warranty regarding whether Customer’s bids will be compliant with owner specifications, win awards, prevent schedule delays, or avoid cost overruns. Customer bears sole, non-delegable legal liability for all documents submitted to public or private project owners.
Accounts & Access Security
Customer is responsible for ensuring that all authorized users accessing the Services under Customer’s enterprise account maintain strict credential confidentiality. Customer must immediately notify Rekonstruct at [email protected] upon discovering any credential compromise, session hijacking, or unauthorized tenant access.
Customer is completely responsible for all activities, data uploads, API calls, and generated deliverables initiated through its provisioned user accounts or enterprise SSO tokens.
Customer Data & Intellectual Property
A. Customer Data Ownership
Customer retains exclusive ownership of all right, title, and interest (including all patent, copyright, trade secret, trademark, and proprietary rights) in and to all tender packages, technical specifications, past proposals, drawings, cost books, and private project documentation uploaded by Customer to the platform (“Customer Data”).
Customer grants Rekonstruct a limited, non-exclusive, revocable, royalty-free license to host, parse, cache, and transmit Customer Data solely to the extent technically necessary to provide, maintain, and support the Services for Customer’s benefit.
B. Ownership of Generated Proposal Deliverables
As between Rekonstruct and Customer, Customer owns all right, title, and interest in and to the custom bid narratives, formatted proposal chapters, and deliverables synthesized specifically from Customer Data through Customer’s utilization of the platform (“Customer Output”).
C. Rekonstruct Platform IP
Rekonstruct and its licensors retain all right, title, and interest in and to the Services, including all software code, neural network orchestration pipelines, system prompts, retrieval heuristics, UI/UX designs, trademarks, logos, documentation, and technical know-how. No implied licenses are granted under these Terms.
D. Feedback
If Customer or its users elect to provide suggestions, enhancement requests, or critiques regarding the platform (“Feedback”), Rekonstruct may freely utilize, exploit, and incorporate such Feedback into its products without any accounting, attribution, or compensation to Customer.
AI Model Training Covenant
In recognition of the proprietary competitive nature of EPC estimating methodologies and engineering data, Rekonstruct explicitly covenants that:
- No Public Model Training: We will not use Customer Data or Customer Output to train, retrain, fine-tune, or adjust the weights of public or multi-tenant foundational large language models.
- Isolated Execution: Customer Data processed through automated inference models is partitioned logically and handled in memory without unauthorized data commingling across enterprise tenant boundaries.
Acceptable Use Restrictions
Customer and its authorized users shall not, directly or indirectly:
- Reverse engineer, decompile, disassemble, or attempt to derive the source code, algorithmic weights, or architectural prompt chains of the Services;
- Scrape, crawl, harvest, or extract data from the platform using automated scrapers, spiders, or headless browsers without prior written consent;
- Circumvent, disable, or tamper with security controls, usage quotas, rate limits, or tenant boundary isolations;
- Use the Services to develop a competing software product, proposal generation platform, or foundation AI model;
- Upload malicious code, viruses, worms, Trojan horses, or corrupted payloads intended to compromise infrastructure;
- Utilize the platform to engage in collusive bidding, bid rigging, price fixing, or any deceptive procurement practice in violation of the Sherman Act, Federal Trade Commission Act, or the Canadian Competition Act;
- Infringe, misappropriate, or violate the intellectual property, trade secret, or privacy rights of any third party.
Confidentiality
“Confidential Information” encompasses all non-public technical, business, financial, or engineering information disclosed by one party (“Disclosing Party”) to the other (“Receiving Party”) that is marked as confidential or that reasonably ought to be understood as confidential given the nature of the information.
Customer Data constitutes Customer’s Confidential Information. The non-public architecture, pricing schedules, benchmarks, and software of the platform constitute Rekonstruct’s Confidential Information. The Receiving Party agrees to protect Confidential Information with the same degree of care it uses for its own confidential data (and not less than reasonable care) and shall not disclose such information except to its employees, contractors, and legal advisors who have a need to know under equivalent confidentiality covenants.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE UNITED STATES AND CANADIAN LAW, THE SERVICES, PLATFORM, AND ALL GENERATED OUTPUT ARE PROVIDED STRICTLY "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR COLLATERAL.
REKONSTRUCT AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, SYSTEM INTEGRATION, AND NON-INFRINGEMENT.
REKONSTRUCT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, NOR DOES REKONSTRUCT MAKE ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, SUITABILITY, OR RELIABILITY OF ANY GENERATED PROPOSALS OR TECHNICAL SPECIFICATIONS.
Limitation of Liability
1. Consequential Damages Waiver: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REKONSTRUCT, INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST BID OPPORTUNITIES, DISQUALIFIED TENDERS, LIQUIDATED DAMAGES, BUSINESS INTERRUPTION, LOSS OF REPUTATION, OR LOSS OF DATA, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. Aggregate Cap: TO THE MAXIMUM EXTENT PERMITTED BY LAW, REKONSTRUCT’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY CUSTOMER TO REKONSTRUCT IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO LIABILITY, OR ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD) IF CUSTOMER UTILIZES EVALUATION, PILOT, OR UNPAID TIERS.
Certain US state laws and Canadian provincial jurisdictions do not allow the exclusion or limitation of certain warranties or statutory liabilities. If such laws apply to you, some or all of the above exclusions or limitations may not apply, and liability will be limited to the fullest extent permitted by applicable law.
Indemnification
Customer agrees to defend, indemnify, and hold harmless Rekonstruct, Inc., its affiliates, directors, officers, employees, and agents from and against all third-party claims, demands, liabilities, damages, losses, and reasonable legal expenses (including attorneys' fees) arising out of or related to:
- Customer Data or any proprietary materials uploaded to the Services;
- Customer’s external bid submissions, EPC proposals, tender commitments, or contracts entered into with third-party project owners or procurement bodies;
- Customer’s violation or breach of these Terms, including acceptable use covenants; or
- Customer’s violation of any applicable federal, state, or provincial law, engineering licensing regulation, or third-party intellectual property right.
Dispute Resolution & Binding Arbitration
Governing Law: These Terms and any dispute arising from or related to the Services shall be governed by, construed, and enforced in accordance with the laws of the State of California and the Federal Arbitration Act, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly disclaimed.
Informal Resolution: Prior to filing any formal demand, the parties agree to make a good-faith effort to resolve any dispute informally for at least thirty (30) days by delivering written notice to [email protected].
Binding Individual Arbitration: Except for claims seeking emergency equitable or injunctive relief to prevent unauthorized misappropriation of intellectual property or trade secrets, any unresolved controversy or claim shall be determined by final and binding individual arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, or JAMS. The seat of arbitration shall be San Francisco, California. The arbitration shall be conducted in English by a single commercial arbitrator.
Canadian User Notice: To the extent that mandatory consumer protection legislation in any Canadian province (such as Quebec) expressly prohibits binding pre-dispute arbitration or exclusive California venue, such statutory provisions shall apply strictly to the minimum extent mandated by local law.
Class Action & Jury Trial Waiver
CLASS ACTION WAIVER: YOU AND REKONSTRUCT AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE IN ANY PURPORTED CLASS, CONSOLIDATED, OR COLLECTIVE PROCEEDING. NO ARBITRATOR MAY CONSOLIDATE CLAIMS OF MULTIPLE PARTIES.
JURY TRIAL WAIVER: EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY CONSTITUTIONAL OR STATUTORY RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.
Export Controls & US Government Rights
Export Sanctions: Customer warrants that it is not located in, organized under the laws of, or a resident of any country or region subject to comprehensive trade sanctions administered by the US Department of the Treasury's Office of Foreign Assets Control (OFAC) or Canadian authorities, nor listed on any restricted parties list (such as the US Specially Designated Nationals List). Customer agrees to comply strictly with all US Export Administration Regulations (EAR) and Canadian export regimes.
US Government End Users: The Services are "commercial computer software" and "commercial computer software documentation" as defined in 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7202. Use, duplication, or disclosure by the US Government is subject strictly to the commercial restrictions set forth in these Terms.
Term & Termination
These Terms remain in effect until terminated. Rekonstruct may immediately suspend or terminate Customer’s access to the Services without prior notice if Customer breaches any provision of these Terms, engages in prohibited conduct, or presents a security risk to the platform.
Upon termination, Customer’s right to access the Services immediately ceases. All provisions that by their nature should survive termination shall survive, including Sections 3 (Engineering Verification), 5 (Customer Data & IP), 7 (Acceptable Use), 8 (Confidentiality), 9 (Warranty Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 12 (Dispute Resolution), and 13 (Class Action Waiver).
General Terms & Inquiries
Severability & Waiver: If any provision of these Terms is determined to be unenforceable, that provision will be severed or modified to the minimum extent necessary, and the remaining provisions shall remain in full force. The failure to exercise any right under these Terms does not constitute a waiver.
Assignment: Customer may not assign or transfer these Terms without Rekonstruct’s prior written approval. Rekonstruct may freely assign these Terms in connection with a corporate merger, acquisition, or sale of assets.
Legal Communications: For formal legal notices, contract inquiries, or regulatory communications, please reach out to our legal department: